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Foster v. Sutlive

Supreme Court of Georgia1900-01-26
110 Ga. 297

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Simmons, C. J.

1. When the assignee of a chose in action brings suit thereon, the petition should allege that the assignment was in writing; and a demurrer to the petition because of the want of such an allegation should have been sustained. Hartford Ins. Co. v. Amos, 98 Ga. 533, and cases cited. 2. The demurrer to the petition having been erroneously overruled, all occurring upon the trial was nugatory.

Judgment reversed.

All the Justices concurring.